Federal Communications Commission DA 11-1259 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Galaxy Internet Services, Inc. Apparent Liability for Forfeiture ) ) ) ) ) ) ) File No. EB-08-TC-3954 NAL/Acct. No. 200932170405 FRN: 0017648718 ORDER Adopted: July 26, 2011 Released: July 27, 2011 By the Chief, Telecommunications Consumers Division, Enforcement Bureau: 1. In this Order, which follows upon our Omnibus Notice of Apparent Liability for Forfeiture (“Omnibus NAL”),1 we determine that no forfeiture penalty should be imposed on Galaxy Internet Services, Inc.. (“Galaxy Internet Services”). 2. In the Omnibus NAL, we found Galaxy Internet Services apparently liable for a forfeiture for repeatedly violating section 222 of the Communications Act of 1934, as amended (the “Communications Act” or “Act”),2 section 64.2009(e) of the Commission’s rules,3 and the Commission’s EPIC CPNI Order,4 because it appeared that the Company had not filed a timely CPNI compliance certification for calendar years 2007 and 2008. Consistent with section 503(b)(4) of the Act, Galaxy Internet Services was granted an opportunity to show, in writing, why no such forfeiture should be imposed. 3. Upon review of the record, and based upon additional information provided by Galaxy Internet Services, we agree that no forfeiture penalty should be imposed. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to section 503(b) of the Communications Act of 1934, as amended, and sections 0.111, 0.311, and 1.80(f)(4) of the Commission’s rules, the proposed forfeiture issued to Galaxy Internet Services WILL NOT BE IMPOSED. 1 Annual CPNI Certification, Omnibus Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 1795 (Enf Bur. 2010) (“Omnibus NAL”). 2 47 U.S.C. § 222. 3 47 C.F.R. § 64.2009(e). 4 Implementation of the Telecommunications Act of 1996: Telecommunications Carriers’ Use of Customer Proprietary Network Information and Other Customer Information; IP-Enabled Services, CC Docket No. 96-115; WC Docket No. 04-36, Report and Order and Further Notice of Proposed Rulemaking, 22 FCC Rcd 6927, 6953 (2007) (“EPIC CPNI Order”); aff’d sub nom. Nat’l Cable & Telecom. Assoc. v. FCC, 555 F.3d 996 (D.C. Cir. 2009). Federal Communications Commission DA 11-1259 2 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Galaxy Internet Services, Attn. Robert Carp, President, 188 Needham St., Suite 110R, Newton, MA 02464. FEDERAL COMMUNICATIONS COMMISSION Richard A. Hindman Chief Telecommunications Consumers Division Enforcement Bureau